Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Honduras (Ratification: 1956)

The Committee notes the observations of the International Trade Union Confederation (ITUC) of 2013 and received on 1 September 2014 as well as the observations of Education International (EI), received on 10 September 2014. The Committee requests the Government to provide its comments in this respect and emphasizes that these observations refer to assassinations and threats against trade union leaders and members. It notes that the information from the Office of the Public Prosecutor transmitted by the Government refers to eight murders of union leaders or members and to one offence of threats carried out. The ITUC also reports on the assassination of the father of the union leader, Víctor Crespo (who himself received death threats and had to go into exile). The Committee expresses its deep concern at these crimes and draws the Government’s attention to the principle that the rights of workers’ and employers’ organizations can only be exercised in a climate free from violence, pressure and threat, and in which there is full respect for human rights; it is incumbent on the Government to ensure respect of these principles. The Committee requests the Government to provide information on the development of criminal proceedings and firmly hopes that penalties proportional to the seriousness of the crimes will be imposed on the perpetrators of murders and threats against union leaders.

The Committee also notes that some of the issues raised by the ITUC and EI which refer to the dispute between the authorities and the teachers’ organizations have been submitted to the Committee on Freedom of Association within the framework of Case No. 3032, in which EI is the complainant organization.

The Committee also notes the observations on the application of the Convention made by the General Confederation of Workers (CGT) reporting a deterioration of working conditions and the rise of the use of precarious contracts, making the exercise of the right of association almost impossible. The Committee requests the Government to submit these matters to the tripartite dialogue.

The Committee notes the observations of the International Organisation of Employers (IOE) received in 2013 and on 1 September 2014.

Article 2 et seq. of the Convention relating to trade union establishment, autonomy and activities. The Committee recalls that for many years it has referred to the need to amend several provisions of the Labour Code to bring them into line with the Convention. The Committee’s comments referred to:

• -the exclusion from the scope of the Labour Code, and consequently from the rights and guarantees of the Convention, of workers in agricultural and stock-raising enterprises which do not permanently employ more than ten workers (section 2(1) of the Labour Code);
• -the prohibition of more than one trade union in a single enterprise, institution or establishment (section 472 of the Labour Code);
• -the requirement of more than 30 workers to establish a trade union (section 475 of the Labour Code);
• -the requirement that the officers of a trade union, federation or confederation must be of Honduran nationality (sections 510(a) and 541(a) of the Labour Code), be engaged in the corresponding activity (sections 510(c) and 541(c) of the Labour Code), and be able to read and write (sections 510(d) and 541(d) of the Labour Code);
• -the ban on strikes being called by federations and confederations (section 537 of the Labour Code); the requirement of a two-thirds majority of the votes of the total membership of the trade union organization in order to call a strike (sections 495 and 563 of the Labour Code); the authority of the Ministry of Labour and Social Security to end disputes in oil production, refining, transport and distribution services (section 555(2) of the Labour Code); the need for government authorization or a six-month period of notice for any suspension or stoppage of work in public services that does not depend directly or indirectly on the State (section 558 of the Labour Code); the referral to compulsory arbitration, without the possibility of calling a strike for as long as the arbitration award is in force (two years), of collective disputes in public services that are not essential in the strict sense of the term (that is services the interruption of which would endanger the life, personal safety or health of the whole or part of the population (sections 554(2) and (7), 820 and 826 of the Labour Code)).

The Committee welcomes the fact that the Government extended the mandate of the direct contacts mission that took place in Honduras between 21 and 25 April 2014 in relation to the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), so as to include issues raised by the Committee of Experts within the framework of the Convention.

The Committee welcomes that a technical committee under the Ministry of Labour and Social Security formulated a proposal to reform 13 sections of the Labour Code to align it with the Convention and that the proposal included the technical assistance of the Office and was transmitted to the Economic and Social Council for discussion and adoption taking into account the recommendations of the Committee of Experts. The Committee notes, however, that a roadmap was also established providing for the presentation and adoption of the reform by National Congress in September 2014, which did not take place.

The Committee hopes that all the initiatives referred to by the Government will allow the legislation to be aligned with the requirements of the Convention. The Committee expresses the firm hope that, with technical assistance from the Office, and in full consultation with the social partners, the Government will take all necessary steps to submit a draft reform of the Labour Code to National Congress to align it with the Convention. The Committee trusts that, in that process, all the issues it has raised will be taken into account. It requests the Government to provide information on any measures taken in this regard in its next report and firmly hopes to be able to note progress in the very near future.